A social media ban for minors in Germany faces massive legal hurdles. This is the result of a recent report by the Bundestag’s Scientific Service, which was commissioned by the Left Party and is available to the German Press Agency. According to the report, EU law and parental rights enshrined in the German constitution are the main obstacles to a national regulation.
Expert opinion: EU law takes precedence over national bans
The central sticking point is the Digital Services Act (DSA), which, as an EU regulation, applies directly in all member states. According to the 27-page report, European law has “priority of application” over national regulations. Specifically, the experts refer to the so-called country of origin principle: platforms such as TikTok, Meta (Instagram, Facebook), Google (YouTube) and X have their European headquarters predominantly in Ireland. National blocks or access restrictions from Germany would therefore have little effect, as regulatory responsibility lies with the provider’s country of domicile.
The experts come to the conclusion that ultimately only the European Court of Justice (ECJ) can decide on the remaining regulatory leeway of the member states.
The German Basic Law also stands in the way of a ban
In addition to EU law, the report identifies another obstacle: Article 6 of the German Basic Law guarantees parents the overriding right to decide on the upbringing of their children. A state-imposed ban on use would interfere with this right, as it would deprive parents of the opportunity to independently assess whether and to what extent their children are allowed to use social media.
Federal Council initiative: ban planned for under 14-year-olds
The background to the debate is a proposal by Lower Saxony and Thuringia in the Bundesrat. This provides for a complete ban on the use of social media for people under the age of 14. Young people under 16 should only be allowed to use the platforms in an age-appropriate version. Similar ideas are also being considered by the CDU and SPD. The German government has also set up an expert commission on the topic of “Child and Youth Protection in the Digital World”, which is due to present its findings in the fall of 2026.
Left: make more consistent use of existing instruments
The Left Party, which commissioned the report, sees its critical stance confirmed. Media policy spokesperson David Schliesing explained that a ban would fall short and restrict the fundamental rights of young people. Instead, existing legal instruments should be used more consistently to hold platforms accountable. The party is also calling for an expansion of media education.
Australia as a role model: what a ban looks like in practice
Australia in particular is attracting international attention. A social media ban for under-16s has been in force there since December 2025. Ten platforms are affected, including Instagram, TikTok, Snapchat, Facebook, YouTube, X, Reddit and Twitch. Platform operators must carry out age verification and risk fines of up to 49.5 million Australian dollars (around 28 million euros) for violations. However, it is already apparent that many young people are circumventing the ban – for example by using VPN services or their parents’ accounts.
In the EU, France, Austria, Spain and Greece are also pursuing similar approaches. However, media law experts such as Stephan Dreyer from the Leibniz Institute for Media Research warn against copying the Australian approach in Europe. With Article 28, the DSA already offers a framework that obliges platforms to provide age-appropriate content – without imposing a blanket ban.
Conclusion: social media ban for minors remains unlikely
The report makes it clear that a national social media ban for minors is currently hardly legally enforceable in Germany. The existing European regulations set strict limits for national legislators. Instead, the focus is shifting to stricter requirements for platform operators as part of the DSA and the planned EU-wide age verification via EUDI wallet. Whether these measures are sufficient to effectively protect children and young people remains to be seen – the debate is likely to be with us for a long time to come.
